The Scope Of Accepting Cases Of Administrative Litigation Legislation

The scope of accepting cases of administrative litigation is to point to court accepts the scope of administrative litigation, means that citizens’ rights can be relief scope, the justice of administrative power restriction and supervision and scope. The subject to a country divided the rule of law, civil law consciousness background general situation, embodies the national judicial and administrative power balance. In present Chinese administrative procedure law "regulation, the citizens, legal persons or other organizations that administrative organs and administrative personnel on administrative penalty made, compulsory administrative measures and other relevant property rights, the specific administrative act infringe upon the lawful rights and interests of may, according to law, administrative litigation. For person, property rights other than the specific administrative act of laws, rules and regulations must be specified may bring the suit, the person.At present our country administrative lawsuit mainly in the scope of accepting the administrative litigation law in China and two judicial explanation. The hybrid model delimit the scope of accepting cases, the administrative procedure law article2is a general rules that citizens, legal persons or other organizations that administrative organs and administrative organs of the staff of the specific administrative ACTS infringe upon the lawful rights and interests of the people’s court shall have the right to bring administrative litigation. And the article11and article12and judicial interpretation shall from positive and negative two aspects are listed the provisions of the type. This definition is very comprehensive way looks, can make people from multiple angles, grasp the legislative intention, and can provide legal interpretation and revision space, in fact there are many logical flaws, objectively contribute to the scope of accepting cases.